Bill Text: NY S01330 | 2015-2016 | General Assembly | Introduced
Bill Title: Authorizes the governor to fill vacancy in the office of lieutenant-governor on confirmation of both houses of the legislature; allows the governor to leave the state without transmitting power to lieutenant-governor and establishes the process for lieutenant-governor to act as governor during incapacitation of the governor.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-04-06 - OPINION REFERRED TO JUDICIARY [S01330 Detail]
Download: New_York-2015-S01330-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1330
2015-2016 Regular Sessions
I N S E N A T E
January 12, 2015
___________
Introduced by Sens. BRESLIN, KRUEGER, PERALTA, SAMPSON, VALESKY -- read
twice and ordered printed, and when printed to be committed to the
Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to sections 5 and 6 of article 4 of the constitu-
tion, relating to the filling of vacancies in the office of lieuten-
ant-governor and the powers and duties of such office
1 Section 1. Resolved (if the Assembly concur), That the third undesig-
2 nated paragraph of section 5 of article 4 of the constitution be amended
3 to read as follows:
4 In case the governor is impeached[, is absent from the state or is
5 otherwise unable to discharge the powers and duties of the office of
6 governor], the lieutenant-governor shall act as governor until [the
7 inability shall cease or until] the term of the governor shall expire.
8 WHENEVER THE GOVERNOR TRANSMITS TO THE TEMPORARY PRESIDENT OF THE SENATE
9 AND SPEAKER OF THE ASSEMBLY HIS OR HER WRITTEN DECLARATION THAT HE OR
10 SHE IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OR HER OFFICE,
11 AND UNTIL HE OR SHE TRANSMITS TO THEM A WRITTEN DECLARATION TO THE
12 CONTRARY, SUCH POWERS AND DUTIES SHALL BE DISCHARGED BY THE LIEUTENANT-
13 GOVERNOR AS ACTING GOVERNOR. WHENEVER THE LIEUTENANT-GOVERNOR AND A
14 MAJORITY OF EITHER THE PRINCIPAL OFFICERS OF THE EXECUTIVE DEPARTMENT OR
15 OF SUCH OTHER BODY AS THE LEGISLATURE MAY BY LAW PROVIDE TRANSMIT TO THE
16 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THEIR
17 WRITTEN DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS
18 AND DUTIES OF HIS OR HER OFFICE, THE LIEUTENANT-GOVERNOR SHALL IMME-
19 DIATELY ASSUME THE POWERS AND DUTIES OF THE OFFICE AS ACTING GOVERNOR.
20 THEREAFTER, WHEN THE GOVERNOR TRANSMITS TO THE TEMPORARY PRESIDENT OF
21 THE SENATE AND THE SPEAKER OF THE ASSEMBLY HIS OR HER WRITTEN DECLARA-
22 TION THAT NO INABILITY EXISTS, HE OR SHE SHALL RESUME THE POWERS AND
23 DUTIES OF HIS OR HER OFFICE UNLESS THE LIEUTENANT-GOVERNOR AND A MAJORI-
24 TY OF EITHER THE PRINCIPAL OFFICERS OF THE EXECUTIVE DEPARTMENT OR OF
25 SUCH OTHER BODY AS THE LEGISLATURE MAY BY LAW PROVIDE TRANSMIT WITHIN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89048-01-5
S. 1330 2
1 FOUR DAYS TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
2 THE ASSEMBLY THEIR WRITTEN DECLARATION THAT THE GOVERNOR IS UNABLE TO
3 DISCHARGE THE POWERS AND DUTIES OF HIS OR HER OFFICE. THEREUPON THE
4 LEGISLATURE SHALL DECIDE THE ISSUE, ASSEMBLING WITHIN FORTY-EIGHT HOURS
5 FOR THAT PURPOSE IF NOT IN SESSION. IF THE LEGISLATURE, WITHIN
6 TWENTY-ONE DAYS AFTER RECEIPT OF THE LATTER WRITTEN DECLARATION, OR, IF
7 THE LEGISLATURE IS NOT IN SESSION, WITHIN TWENTY-ONE DAYS AFTER THE
8 LEGISLATURE IS REQUIRED TO ASSEMBLE, DETERMINES BY TWO-THIRDS VOTE OF
9 BOTH HOUSES THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND
10 DUTIES OF HIS OR HER OFFICE, THE LIEUTENANT-GOVERNOR SHALL CONTINUE TO
11 DISCHARGE THE SAME AS ACTING GOVERNOR; OTHERWISE, THE GOVERNOR SHALL
12 RESUME THE POWERS AND DUTIES OF HIS OR HER OFFICE.
13 S 2. Resolved (if the Assembly concur), That the third, fourth and
14 fifth undesignated paragraphs of section 6 of article 4 of the constitu-
15 tion be amended to read as follows:
16 In case of vacancy in the offices of both governor and lieutenant-gov-
17 ernor or if both of them shall be impeached[, absent from the state] or
18 otherwise unable to discharge the powers and duties of the office of
19 governor, the temporary president of the senate shall act as governor
20 until the inability shall cease or until a governor shall be elected.
21 In case of vacancy in the office of lieutenant-governor alone, or if
22 the lieutenant-governor shall be [impeached, absent from the state or
23 otherwise] unable to discharge the duties of office, the temporary pres-
24 ident of the senate shall perform all the duties of lieutenant-governor
25 [during] UNTIL such vacancy BE FILLED or DURING THE PENDENCY OF SUCH
26 inability. IN CASE OF THE REMOVAL OF THE LIEUTENANT-GOVERNOR ALONE FROM
27 OFFICE OR OF HIS OR HER DEATH, RESIGNATION, IMPEACHMENT OR ASCENSION TO
28 GOVERNOR, THE OFFICE OF LIEUTENANT-GOVERNOR SHALL BE FILLED FOR THE
29 REMAINDER OF THE TERM BY APPOINTMENT OF THE GOVERNOR, SUBJECT TO CONFIR-
30 MATION OF SUCH APPOINTMENT BY MAJORITY VOTE OF EACH HOUSE OF THE LEGIS-
31 LATURE.
32 If, when the duty of acting as governor devolves upon the temporary
33 president of the senate, there be a vacancy in such office or the tempo-
34 rary president of the senate shall be [absent from the state or other-
35 wise] unable to discharge the duties of governor, the speaker of the
36 assembly shall act as governor during such vacancy or inability.
37 S 3. Resolved (if the Assembly concur), That the foregoing amendment
38 be referred to the first regular legislative session convening after the
39 next succeeding general election of members of the assembly, and, in
40 conformity with section 1 of article 19 of the constitution, be
41 published for 3 months previous to the time of such election.
